{"id":51,"date":"2015-02-18T11:15:30","date_gmt":"2015-02-18T11:15:30","guid":{"rendered":"http:\/\/www.utelier.com\/blog\/?post_type=toolkit&p=47"},"modified":"2019-01-23T09:44:34","modified_gmt":"2019-01-23T09:44:34","slug":"registered-trademark-brand","status":"publish","type":"post","link":"https:\/\/fashioninsiders.co\/toolkit\/legal-corner\/registered-trademark-brand\/","title":{"rendered":"The Registered Trademark and Your Brand"},"content":{"rendered":"
Names or symbols that distinguish the clothes of one company from another are generally referred to as a company\u2019s brand.\u00a0A strong brand is a fundamental part of a fashion company\u2019s identity and generally one of its most prized assets.<\/p>\n
Top brands such as Versace, Polo Ralph Lauren, Saint Laurent, Mulberry, Dolce & Gabbana or Moschino have each become synonymous with a particular style, message and reputation.<\/p>\n
Commercialisation of a brand can also create a crucial extra revenue stream via the sale, licensing or franchising of a brand.\u00a0Licensing is particularly commonplace in the fashion industry. Brands can even act as security on the basis of which a bank or lender will lend money.
\nAs a result of the value attached to brands, most companies in the industry will have elements of their brand registered as trademarks. By registering a trademark you will have exclusive rights to use the trademark (in the territory in which it is registered) for the goods and services for which it is registered. That registered trademark will be on a public register, putting third parties on notice as to who owns the trademark.<\/p>\n
Today\u2019s tips provide basic trademark-related pointers for fashion professionals who want to register their brand as a trademark.<\/p>\n
Trademark law was established to give businesses a way to distinguish themselves from one another. A trademark is, therefore, a designation of origin \u2013 a design, symbol, word or phrase that identifies the source of your products and distinguishes them from the products of other companies.<\/p>\n
A trademark can be a name, symbol, logo, numerals, sounds, or even smells. However, it must be capable of graphic representation.<\/p>\n
Examples of well-known fashion trademarks are the Burberry check, the Louis Vuitton print, the Gucci double ‘G’ and the\u00a0Chanel double ‘C.’<\/p>\n
A trademark cannot be registered if:<\/p>\n
A registered trademark is a territorial right. It will only offer protection in the territory for which it is registered. In the UK, a business should consider the following initial options:<\/p>\n
You will only be protected for those goods and\/or services listed in the application. You should,\u00a0therefore, think carefully about what you would like covered.<\/p>\n
There are official classes that you can choose from. I always advise clients to focus on core products or services, and perhaps other products or services that the brand is likely to extend into within the next two years or so.<\/p>\n
The cost will depend on the number of territories and the classes that you choose. The more you choose the more expensive it will be, so you will need to budget properly.<\/p>\n
A trademark will last for ten years, but it can be renewed. So, in theory, as long as you renew every ten years, you can keep the\u00a0registered trademark forever.<\/p>\n
<\/p>\n
If you have any questions about this article or general feedback then please do not hesitate to let us know in the comments below.<\/strong><\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Brand logos will be gracing the silhouettes of bloggers and many other FROW members this weekend at the London Fashion Week shows – and lusted after by many other fashionistas in attendance.<\/p>\n There is a lot more to branding than simply a product being recognisable to others, as Tahir Basheer – an Industry member specialising in fashion and media law for leading London-based law firm, Sheridans \u2013 explains.<\/p>\n","protected":false},"author":108,"featured_media":3139,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3928],"tags":[4880],"_links":{"self":[{"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/posts\/51"}],"collection":[{"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/users\/108"}],"replies":[{"embeddable":true,"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/comments?post=51"}],"version-history":[{"count":0,"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/posts\/51\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/media\/3139"}],"wp:attachment":[{"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/media?parent=51"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/categories?post=51"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fashioninsiders.co\/wp-json\/wp\/v2\/tags?post=51"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}